Litigation
815 Articles
Unlocking Justice: A Policy Roadmap for Victims of Spyware
To introduce accountability for cyberattacks, Congress should make it clear that U.S. courts are the right venue for spyware cases.
The APA Authorizes “Universal” Stays of Agency Action Under 5 U.S.C. § 705
For litigants seeking to move quickly against unlawful executive action, Section 705 of the Administrative Procedure Act should be a powerful tool.
Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
Discovery in U.S. Spyware Litigation: A Double-Edged Sword?
Despite its inherent risks, civil society and policymakers can learn how to benefit from the discovery process in spyware cases.
Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.
Legal Frameworks for Addressing Spyware Harms
Introducing a new series on accountability for spyware harms convened by the Atlantic Council in partnership with Just Security.
Dissecting the Litigation: Where Trump Administration Actions Face Early Roadblocks or Traction
A snapshot of where litigation stands and how courts are ruling on challenges to the Trump administration's executive actions.
Brazil’s Digital Sovereignty Is Under Attack: How Courts, Platforms, and Constitutional Law Are Redefining Democracy Online
At the heart of Brazil’s approach to digital constitutionalism is a legal framework that treats platform governance as essential to democracy.
New and Improved Litigation Tracker: Legal Challenges to Trump Administration Actions
Announcing the increased functionality of the Litigation Tracker, which monitors all lawsuits against Trump administration executive actions.
The Trump Administration’s Use of State Power Against Media: Keeping Track of the Big Picture
Tracking the use of State power requires systematically identifying linkages between individual developments and broader trends. This graphic offers one method.
The Freedom of Information Act and Deteriorating Federal Transparency Infrastructure
Weakening FOIA does not merely impair public knowledge — it also reduces the likelihood that abuses will be detected and deterred.
Taking Stock of the Birthright Citizenship Cases, Part I: Unpacking Trump v. CASA, Inc.
Analysis of the aftermath of Trump v CASA and the pending litigation about the Trump executive order on birthright citizenship.